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  • 标题:Contentious issues arising from payments made in full and final settlement
  • 本地全文:下载
  • 作者:Ismail, R.
  • 期刊名称:Potchefstroom Electronic Law Journal
  • 印刷版ISSN:1727-3781
  • 出版年度:2008
  • 卷号:4
  • 页码:154-180
  • 语种:English
  • 出版社:Sabinet Online
  • 摘要:Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion. The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of the Cape Provincial Division) which were in favour of the creditor. In such cases, the essential enquiry is whether an agreement of compromise exists. A transactio or compromise (in the form of a legal agreement) exists where the relevant parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance.
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